Glossary
Compelling interest
A government interest that is strong enough to justify infringing upon a fundamental constitutional right. It is a very high legal standard.
Example:
For the government to restrict a fundamental right like freedom of the press, it must demonstrate a compelling interest, such as preventing an immediate threat to national security.
Espionage Act of 1917
A federal law passed during World War I that made it a crime to interfere with military operations or to support U.S. enemies during wartime. It has been used to prosecute those who leak classified information.
Example:
The government attempted to use the Espionage Act of 1917 to justify stopping the publication of the Pentagon Papers, though the Supreme Court disagreed.
First Amendment
An amendment to the U.S. Constitution that protects several fundamental rights, including freedom of speech, religion, assembly, petition, and the press.
Example:
Students protesting a school policy are exercising their First Amendment rights to free speech and assembly.
Freedom of the Press
The right, protected by the First Amendment, for media outlets to print and distribute news and opinions without government interference. It serves as a crucial check on government power.
Example:
A local newspaper publishes an investigative report exposing corruption in the city council, exercising its freedom of the press to inform the public.
Heavy presumption against prior restraint
A legal standard established by the Supreme Court, particularly in *New York Times Co. v. United States*, meaning the government bears a very high burden to justify any attempt to prevent publication.
Example:
Because of the heavy presumption against prior restraint, a government agency would struggle to stop a news organization from publishing a story unless it could prove an immediate, direct, and inevitable threat.
New York Times Co. v. United States (1971)
A landmark Supreme Court case that reinforced the principle of freedom of the press, ruling against government attempts to prevent the publication of the Pentagon Papers.
Example:
Understanding New York Times Co. v. United States is essential for analyzing how the Supreme Court protects journalistic endeavors, even when national security is invoked.
Pentagon Papers
A secret Department of Defense study on U.S. political and military involvement in Vietnam from 1945 to 1967, which was leaked to the press in 1971.
Example:
The revelation of the Pentagon Papers sparked a national debate about government transparency and the public's right to know.
Prior Restraint
Government action that prohibits speech or expression before it can take place, often in the form of censorship. It is heavily disfavored by the Supreme Court.
Example:
A court order preventing a book from being published because of its controversial content would be an example of prior restraint.
Watchdog (of the government)
A metaphor describing the role of the press in a democracy, where it monitors government actions, exposes wrongdoing, and holds officials accountable to the public.
Example:
Journalists often act as a watchdog by investigating public officials and reporting on potential abuses of power.